Is China Moving in the Right LGBTQ Direction?

August 14, 2024
ALEXANDER

Is China Moving in the Right LGBTQ Direction?

The LGBTQ community in China continues to have little to no rights at all when it comes to government law. Going back to the nation's history, Genghis Khan outlawed homosexual acts during his reign and anyone caught engaging in homosexual acts could be put to death. Homosexuality wasn't removed from criminal law until 1997. Homosexuality as a mental illness was declassified in 2001. Under the current Xi Jinping administration, homosexual relationships are not shown on TV, and LGBT venues and events have been shut down. ShanghaiPride has been cancelled since 2021. Same-sex couples are not allowed to marry, or adopt, and do not receive any household legal protections offered to heterosexual marriages. There are no anti-LGBTQ discrimination laws in the legal system, and hate crimes do not include anything related to sexuality or gender identity. However, a recent court case may show that the nation might be twitching slowly, in the right direction.

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Recently, a Beijing court granted visitation rights to a woman who wants to see her daughter, also mothered by another woman, her ex. This ruling validates the notion that a child can have two same-sex parents. This ruling could have all kinds of implications when it comes to same-sex couples.

The family dynamic in this case is complex. Didi, who was seeking visitation rights, married her wife in the US back in 2016. The two had IVF treatment and Didi gave birth to a girl and her wife had a son the year after they got married. When the couple broke up, Didi's wife took both kids to Beijing. Didi filed her first request for visitation all the way back in 2020. This marks the first same-sex custody case in the nation. Here's the interesting part. The court finally granted Didi visitation rights, but only to her biological daughter, not to her son.

Though the current administration does not support any LGBTQ rights, the younger generation has been vocal in wanting progressive rights. In addition, the Williams Institute at UCLA conducted a study with citizens of mainland China and showed a change of direction in attitude. Overall, people were favorable towards queer rights and protections on a societal and institutional level, with favor towards LGBTQ students and employees. But only 52% supported marriage equality and only 48% supported same-sex parenting.

Still, at least the conversations are being had. This just goes to show what a queer community must do to survive under an anti-LGBTQ government regime.